DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status
This Office Action is in response to the remarks and amendments filed on 02/14/2025.
Claims 1-20 are pending for consideration in this Office Action.
Further recognition:
The objections to the drawings are withdrawn in light of the amendments.
The objections to the specification have been withdrawn in in light of the amendments.
The rejections pursuant to 112(b) are partially withdrawn, any restated rejections are found unpersuasive and maintained.
The rejection pursuant to 112(a) are partially withdrawn, any restated rejections are found unpersuasive and maintained.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore;
Regarding Claims 1 and 15, the recitation of “ … the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by the cryogenic fluid on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion” must be shown or the feature(s) canceled from the claim(s).
Regarding Claim 9, the recitation of “ … the cooling channel wall forming a rib adjacent to the portion” must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 09/25/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Regarding Claims 1 and 15, the recitation of “ … the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by the cryogenic fluid on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion”.
Regarding Claim 9, the recitation of “ … the cooling channel wall forming a rib adjacent to the portion.”
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 1-8 are objected to because of the following informalities:
Regarding claims 1 and 8, the claim recites “… the cooling channel.”
The claim should be amended to recite - - the at least one cooling channel - - for clarity. This is throughout the claims.
Claims 2-7 are objected to because of dependency from an objected to claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first
paragraph, as failing to comply with the written description requirement. The claim(s) contains
subject matter which was not described in the specification in such a way as to reasonably
convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications
subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had
possession of the claimed invention.
Regarding Claims 1 and 15, applicant has added the limitation “ … the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by the cryogenic fluid on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion,” which is not described in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In particular, the structure of the recited “ … the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by the cryogenic fluid on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion,” is not described in the claim or the specification.
The specification does not describe any kind rib.
Therefore, the claim fails the new matter requirement and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Regarding Claim 9, applicant has added the limitation “ … the cooling channel wall forming a rib adjacent to the portion,” which is not described in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In particular, the structure of the recited “ … the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by the cryogenic fluid on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion,” is not described in the claim or the specification.
The specification does not describe any kind rib.
Therefore, the claim fails the new matter requirement and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Regarding Claim 9, applicant has added the limitation “the inside surface of the skirt support is thinner than other portions of the panel,” which is not described in the originally filed claims, specification or drawings to support this newly added limitation. Thus, the newly added limitation is deemed to be NEW MATTER.
In particular, the structure of the recited “… the inside surface of the skirt support is thinner than other portions of the panel,” is not described in the claim or the specification. The specification from paragraph 0035-0037 and 0041-0042 do not describe any kind of thinning to the skirt support nor do they recite any correlation to panels that do describe a portion that can be thinner than other portions of the panel.
Therefore, the claim fails the new matter requirement and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Claims 2-8, 10-14 and 16-20 are rejected based off dependency on a rejected claim.
Claim Rejections - 35 USC § 112(b)
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 9, the recitation of “… the portion” renders the claim unclear.
It is unclear if applicant is referring to “…a skirt support concentrically surrounding at least a portion of the tank " or if they referring to “a portion of each panel between the cooling channel and the inside surface of the skirt support.”
Therefore, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation has been interpreted as corresponding to a portion of each panel between the cooling channel and the inside surface of the skirt support.
Regarding Claim 19, the recitation of “… an inside surface” renders the claim unclear.
It is unclear if applicant means to introduce “…an inside surface " or if they referring to the inside surface introduced in claim 15.
Therefore, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For examination purposes, the limitation has been interpreted as - - the inside surface - - for clarity.
Claims 2-8, 10-14, 16-18 and 20 are rejected based off dependency on a rejected claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) and 35 U.S.C. 112(b), set forth in this Office action.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the subject matter which is considered to distinguish from the closest prior art of record, Stromath et al. (US4986495A), Morin et al. (US20110277959A1) and Jessen et al (US2025/0123035A1).
The prior art of record teaches,
A cryogenic cooling system comprising:
a tank having an inside surface and an outside surface, the inside surface configured to contain a cryogenic fluid; and
at least one cooling channel integrated into individual panels that are welded together to form the tank, wherein the at least one cooling channel is on the outside surface of the tank, the at least one cooling channel is oriented along the largest dimension of each of the panels, the at least one cooling channel is configured to receive and carry a cooling fluid, each of the panels is made of an extruded aluminum sheet that integrates the at least one cooling channel, and a portion of each panel between the at least one cooling channel and the inside surface is thinner than other portions of the panel so that the inside surface is thermally coupled to the cooling channel through the portion, the cooling channel comprising a cooling channel wall enclosing the cooling channel and integrally formed with the panel.
In contrast to the claimed features of the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by the cryogenic fluid on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and independent claim 1 with dependent claims therefrom are considered allowable.
Regarding claim 9, the subject matter which is considered to distinguish from the closest prior art of record, Jackson (US3321159A), Badie et al. (US6802671B1), Morin et al. (US20110277959A1) and further in view of Jessen et al (US2025/0123035A1).
The prior art of record teaches,
A cryogenic cooling system comprising:
a tank having an inside surface and an outside surface, the inside surface configured to contain a cryogenic fluid;
a skirt support concentrically surrounding at least a portion of the tank and in thermal contact with the tank, wherein the skirt support has an inside surface and an outside surface, the inside surface of the skirt support facing the outside surface of the tank; and a cooling channel integrated into individual panels that are welded together to form the skirt support, wherein the cooling channel is on the outside surface of the skirt support, the cooling channel is oriented along the largest dimension of the panels, the cooling channel is configured to receive and carry a cooling fluid, each of the panels is made of an extruded aluminum sheet that integrates the cooling channel, and
a portion of each panel between the cooling channel and the inside surface of the skirt support is thinner than other portions of the panel so that the inside surface of the skirt support is thermally coupled to the cooling channel through the portion, the cooling channel comprising a cooling channel wall enclosing the cooling channel and integrally formed with the panel.
In contrast to the claimed features of the cooling channel wall forming a rib adjacent to the portion, the cooling channel wall including a locally thickened region having a thickness greater than a thickness of the portion, the locally thickened region being positioned on a side of the cooling channel opposite the thinner portion.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and independent claim 1 with dependent claims therefrom are considered allowable.
Regarding claim 15, the subject matter which is considered to distinguish from the closest prior art of record, Stromath et al. (US4986495A), Morin et al. (US20110277959A1) and Jessen et al (US2025/0123035A1).
The prior art of record teaches,
A method for cryogenic cooling, the method comprising:
circulating a cooling fluid through cooling channels that are integrated with a cryogenic tank by an extrusion process, wherein the cryogenic tank comprises panels formed by the extrusion process, which integrates each of the cooling channels as part of the panels, the panels are adjoined to one another by friction stir welding (FSW),the cooling channels are located outside of the cryogenic tank, and a portion of each of the panels between a cooling channel of the cooling channels and an inside surface of the tank is thinner than other portions of the panel so that the inside surface is thermally coupled to the cooling channel through the portion, the cooling channel comprising a cooling channel wall enclosing the cooling channel and integrally formed with the panel.
In contrast to the claimed features of the cooling channel wall forming a rib adjacent to the portion, the rib positioned such that, under internal pressure exerted by cryogenic fluid in the tank on the inside surface, the portion is loaded in compression and the rib is loaded in tension to resist outward bending of the portion.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and independent claim 1 with dependent claims therefrom are considered allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, see pgs. 8-18, filed 12/19/2025, with respect to claims 1-20 have been fully considered and are persuasive. The rejections under 35 U.S.C. 103 of claims 1-20 have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam D Moore whose telephone number is (703)756-1932. The examiner can normally be reached Monday-Thursday: 09:00AM-07:00PM (Eastern).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM DORREL MOORE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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